'Unelected judges' comment seen as challenge to authority
(NEWSER) - When President Obama said that "unelected" justices shouldn't overturn ObamaCare , he apparently offended a federal appeals court judge in Houston. Yesterday, during oral arguments on a separate challenge of the health care law, Judge Jerry Smith asked a Justice Department attorney to submit a three-page, single-spaced letter specifically referring to Obama's comments, and acknowledging "that the Attorney General and the Department of Justice do recognize the authority of the federal courts through unelected judges to strike acts of Congress or portions thereof in appropriate cases." More»